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Creation, Assignment And Registration Of Leases Notes

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Creation, assignment and registration of leases Creation


This is regulated by our old friend the LPA 1925 o Number of things required:
? S.53(1)(a): All interests must be created by writing signed by the person creating the interest
? S.52(1): Must be created by deed
? S.54(1): All other interests created by parol but not writing have the effect as interests at will only, notwithstanding any consideration given. o Two principal exceptions:
? Assent by personal representative only requires writing
? Short leases need not be entered into with great formality

Indeed. s.54(2): If lease of period not exceeding three years o Then oral lease is acceptable
? So long as stipulates

best rent which could be reasonably obtained without taking a fine

And possession is taken immediately (so lease can't be postponed)

LRA 2002 Sch 1 para 1: Legal leases of less than seven years are overriding interests so long as not discontinuous nor future leases o Equally s.33(2)(b): three year leases can't be registered. o Smith: However, leads to fine distinctions re: "immediate possession"= agreement for lease for a year granted in six months will be fine
? As it is an agreement for immediate possession after grant
? Whereas agreement for immediate lease to take effect in a few days will fall out of the statute. Registration

Legal lease exceeding seven years may be registered in same way as fee simple o Means could be number of legal titles on same plot of land o Smith: point of doing this is protect long leases where freehold land is not actually registered.
? And also to prevent the register of interests on a freehold covenant becoming unduly cumbersome. o Compulsory Registration
? LRA 2002 S.4(2) Whether Landlord title registered or not, every grant of lease for more than seven years must be registered

Otherwise you get no legal estate. o Exceptions to 7 year rule
? Future lease under which possession will be taken in the future must be registered

Because they represent a trap to purchasers. o Therefore not an overriding interest (no occupation) and must be registered to have effect. Under LRA 2002
? LRA 2002 s.3(4) For similar reasons discontinuous leases must be registered.

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